For Local Government, one of the most frequent claims liability is based on the damage sustained by citizens to the poor condition of the sidewalks and the overall municipal road and damage the facilities or spaces within municipally owned, maintained and good City Council must respond.
In light of the above, the recognition of the liability of the Directors may prosper, if your claim meets the requirements necessary for this purpose, which are summarized below:
- I) as administered has suffered actual injury or damage to their property or rights, economically and individually assessable.
- II) That is economically assessable damage.
III) The damage is individually in a person or group of people.
- IV) You can not argue a case of “force majeure”.
- V) That may result from normal and abnormal operation of government in the provision of their services.
- VI) There is a direct causal link, immediate, exclusive and accredited. (This requirement is the most controversial because in some cases it is difficult to prove the causal relationship between the administrative and the damage or injury caused, being administered in any case which has to bear the burden of proof).
VII) That the claim is made within the limitation period of one year from the incident which caused.
The administrative claim must be brought before the City Council on where the damage occurs, through a letter specifying the injuries, the causal link between these and the operation of public service and economic evaluation damage if possible. In these cases must adduced evidence to demonstrate that the poor condition of the pavement on the day of the accident through photographs, crowded with police and witnesses as well as documents proving the damage due to the poor condition of the pavement or sidewalks, using the corresponding medical report. The decision handed down ends the administrative authority (which should be unfavorable to the interests of the citizen can be appealed in replacement Optionally, or directly through the courts, before the contentious administrative jurisdiction). If no express decision rests shall mean administrative silence and dismissed the application for compensation must be considered dismissed, with the possibility, as indicated, to appeal for reinstatement or directly in court.